What to Keep an Eye Out For……

...what's new, changing, potentially changing or what you may have missed.

Employees Driving for Work? What you need to knowDo any of your Employees drive for work? Reports show that road accidents are highest among those who drive as part of their job, often due to long hours on the road. Although the driver is mainly responsible for how safely they drive, as an Employer, it is also your responsibility to manage and influence the driver.New LegislationAs of the 1st of May, the loop hole in the law relating to sending or reading a text message while driving has finally been closed as it has become officially illegal to send or read a text message while driving. This means that those sending or reading a text message using a mobile phone, will now face a mandatory court summons and as well as a fine, instead of the offender just receiving penalty points. These regulations also apply to mobile phones which are not being held, i.e. to hands-free devices.How is this new?Legislation already in place makes it an offence to HOLD a mobile phone while driving. Before now, the legislation has not applied to mobile phones NOT being held. What do they NOT do?Contrary to some misleading media reports, they do not make it an offence to speak via a hands-free device. Nor do they make it an offence to touch a button on a hand-free device in order to answer a phone call. What is the Penalty?From coming into effect of the regulations, they will be subject to the general penalty under section 102 of the Road Traffic Act 1961, as amended. This means that cases will come to court and, if convicted, the penalty will be:

€1,000 maximum fine for a first offence

€2,000 maximum fine for a second or subsequent offence

€2,000 maximum fine and/or up to three months in prison for a third or subsequent offence within a twelve month period.

In the longer term, the offence under these regulations will be brought within the fixed charge offence/penalty point regime. Driving a vehicle while holding a mobile phone is already a penalty point offence.A two day special operation undertaken by the Gardai on the 25thand 26thof April, targeting motorists who use mobile phones while driving, resulted in up to 600 motorists fined on the first day. Assistant Commissioner John Twomey of the Garda National Traffic Bureau stated that this two day operation was in order to “make drivers aware of the dangers of using a mobile phone” and to “detect offending motorists”. “We all know how distracting mobile phones can be in any situation – except in the car it can have fatal consequences,” he said. “Driving requires 100 per cent concentration.”As an Employer, it is your responsibility to make your Employees aware of these legislative changes and inform the driving Employee not to text or answer the phone whilst driving.Two Thirds of Employees come into Work when SickA recent survey of 2,000 workers by AXA PPP Healthcare has found that two out of every three people have gone to work when they were ill. Some of the top reasons cited included a reference to heavy workloads and pressure and guilt from the individual’s manager for staying at home. AXA PPP healthcare's Dr Steve Iley stated: "It is concerning that employees who are genuinely sick are coming to work because of perceived pressure from bosses and workmates and heavy workloads. Employers should recognise this and make a considered effort to ensure that their Employees know when it is okay for them to take time off sick."New Legislation for Employers who do not deal with UnionsEarlier this month it was announced that new legislation is to come in to effect which will reform the industrial relations process in cases where Employers do not deal with trade unions. The new legislation follows on from the Supreme Court ruling in 2008 in a case involving Ryanair which found previous legislation in this area to be unconstitutional.This new bill sets out mechanisms to allow workers to air their problems in relation to terms and conditions of their employment where there are no collective bargaining mechanisms in place and ultimately have these determined by the Labour Court based on the circumstances applying in comparable organisations. The aim of this new legislation is to set out a new definition of collective bargaining and protect workers against victimisation.